New York’s highest court has rejected an attempt to expand the state’s common-interest doctrine, and reinstated the New York rule that the doctrine only applies in the context of actual or threatened litigation. Citing the “substantial loss of relevant evidence” and the “potential for abuse” it felt would accompany the expansion, on June 9, 2016, the New York Court of Appeals overturned a December 2014 ruling by the Appellate Division, First Department, that brought New York in line with other jurisdictions, such as Delaware and New York federal courts, where reasonably anticipated litigation is not a required element of the common-interest privilege.
Members-only access
To access the full resource, you must be a member. Already a member? Login to unlock.
Login
Not an ACC member?
Gain access to a comprehensive collection of global resources for in-house counsel
Sign up for a 30-day trial
Region:
United States
The information in any resource collected in this virtual library should not be construed as legal advice or legal opinion on specific facts and should not be considered representative of the views of its authors, its sponsors, and/or ACC. These resources are not intended as a definitive statement on the subject addressed. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers.